LL.B. (Three Years) Sem 6 Law of Insurance Dec 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: (1) Figures to the right indicate full marks. (2) Answer all questions on separate sheet of the answer paper.

SECTION I - Q.1: Write short answers, not more than two sentences (20 Marks - 2 marks each)

1. Q1 What is 'Touch and Stay' clause?
2. Q2 What is Freight Insurance?
3. Q3 What is a Maritime perils?
4. Q4 What is a policy premium payment?
5. Q5 Who is an appointing authority of the Chairman of the Corporation as per the Life Insurance Corporation Act 1956?
6. Q6 What is a Maturity of policy?
7. Q7 What is meant by change of nomination?
8. Q8 What is a 'Third Party Policy'?
9. Q9 What is a Fire Insurance Business?
10. Q10 What is 'Lost and not lost clause'?

SECTION II - Q.2: Write short explanatory/definitional or analytical answers on any four (20 Marks - 5 marks each)

1. Q11 Doctrine of Subrogation under Marine Insurance Act.
2. Q12 Principle of uberrima fides.
3. Q13 Principle of indemnity.
4. Q14 Automobile Insurance.
5. Q15 Proximate cause under the Fire Insurance Contract.
6. Q16 Jeevan Sathi policy.

SECTION III - Q.3: Answer any two (12 Marks - 6 marks each)

1. Q17 Smt. Sumitra, widow of Shri Dinkar Joshi who had taken a policy of insurance for Rs. 10 lakh vides ppl.no. 9517877 dated 09.09.1989. Shri Joshi died on 02.12.1989. While taking the policy life assured did not disclosed material fact that he was suffering from cancer and had been taking treatment. After his death the deceased's widow intimated the appellant about the death of her husband and demanded payment of claim. (i) Is an insurer liable to pay the full claim to widow or premiums paid to LIC of India? What are the grounds for it? (ii) Whether a court can upheld the principle that when a contract is bad on the ground of fraud? How?
2. Q18 The General Insurance Company agreed to indemnify M/s. Shri Ganesh constructions, the owner of the building. The policy contained clause which stated that it provided indemnity only in respect of events occurring during the period of insurance. Two months prior to the commencement of the policy a burst of the main pipe occurred. This burst caused damage to the building during the period of the policy. M/s. Shri. Ganesh construction claimed damage from General Insurance company. (i) When does Insurer liable for making the payment? (ii) What are defenses available to the Insurance company? When does the Insurer risk come to an end?
3. Q19 Mr. Ragunathan was an owner of the truck and his truck was insured under the Comprehensive Policy. He was using his vehicle for transportation. His driver crushed pedestrian who was walking on footpath in the afternoon. The vehicle damaged badly. After accident driver absconded even after reasonable search he could not found. (i) Is Mr. Ragunathan entitled to get the compensation of damaged vehicle? Why? (ii) Whether a legal heir of the deceased persons will get the compensation by the insurance company? Why?

SECTION IV - Q.4: Answer any four (48 Marks - 12 marks each)

1. Q20 Seaworthiness of ship.
2. Q21 Difference between Assignment and Nomination.
3. Q22 What are the elements of the Motor Vehicle Insurance?
4. Q23 Double insurance under Marine Insurance Act.
5. Q24 Employer's Liability Insurance.
6. Q25 State the role of I.R.D.A.

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